when can you be sure an autopsy is really an autopsy? when the patient shows no signs of waking up ever again. it's thursday november 7th and this is "now." it was only eight months ago that the gop released its occupies on the 2012 election. the much heralded growth and opportunity project. in the section entitled america looks different, the rnc warned that the party's hostility to the lgtb community was harming it among younger voters and that at least from a messaging standpoint, it ought to soften its tone. we do not have to agree on every issue but we do need to make sure young people do not see the party as totally intolerant of alternative points of view.

already there is a generational difference within the conservative movement about issues involving the treatment and the rights of gays. in other words, as tpm concluded, gays aren't going away. then again, neither is the party's hostility toward lgtb community. this week the house is somehow, despite overwhelming popular support, refusing to consider a vote on the employment nondiscrimination act or enda, which would add sexual identity to the list of discriminations prohibited by law. >> this legislation would pass by a nice margin in the house if the speaker would allow it. i can't understand what's doing on in the house of representatives. >> neither can i. republican senator susan collins, a co-sponsor of the bill said her constituents were often shocked when they learned no such federal nondiscrimination law existed. they will continue to be shocked. earlier this month the

increasingly radical group heritage action called the legislation unnecessary and warned house republicans it would be scoring their vote saying that the bill would actually do harm to many american civil liberties and religious freedoms. it is a strange, twisted piece of logic but nonetheless echoed hours ago by indiana senator dan coats. >> i discourage discrimination of any kind, individuals or institutions for their faith and values. i feel it's vital for this body to stand up for our country's long stand ing right to the freedom of religion and speech. >> the house may prevent itting from being passed but actions won't go unnoticed by lgtb community, young voters and american public. clarifies who the villain is, like a game of clue but with a single culprit, crime scene and weapon, gop in the house with

the speaker's gavel. joining me host of up with steve kornacki, the infamous steve kornacki. julianna goldman, "washington post" columnist jonathan capehart and joining us from washington, d.c., john stanton. john, let me go to you first since you're in d.c. right now the senate is holding a vote or about to hold a vote on the toomey amendment which will broaden carveouts to corporations who might not feel okay with lgtb employees and just not want to abide by this nonstrip nation act. what do you see for the future of this bill? does it stand any hope in the house. >> the hope amongert spokers of the bill is that by including these kind of exemptions they can bring enough republicans in

the senate they can have a big vogt vote and bring parish to the speaker. unequivocal speaker has said will not support the bill, encourage lawsuits, move it further to the right to placate him. it will be difficult for supporters of the bill to get republicans to go for it at this point. >> steve, what john said the speaker thinks it's going to increase frivolous legislation. they have done studies where there are discrimination in place and only 7% of all lawsuits have to do with sexual orientation discrimination. that seems like a smoke screen for not wanting to work on this because it will make certain parts of the conference, radical conservative members unhappy. >> if you're scared politically to take an action, can you

always come up with an execution, couch it with something. you talk with the autopsy, national autopsy, that was a blueprint for the party at large. the republican party as an institution wants to progress, wants to start winning elections at the national level, wants to be successful national party, this is a message the party should be conveying. what that was not was a blueprint for individual members of the house of representatives. individual members who come from districts that overwhelmingly voted for mitt romney where the action is on the primary side and not the general election side. >> doesn't the national party get blamed for individual actions? >> it absolutely does. what you're essentially trying to do is convince a group of individuals who are all scared to death when heritage action says we're going to be scoring this vote. they are scared to death the ad running against them, mailers, church groups, conservative groups in their districts next year in a primary saying, hey, look at the key vote, look what

key conservative groups said and this member voted against it. it may be voted against us on it. it may be good for a party as a whole for members to take this but perilous to political future. >> julianna in terms of where the power center is, that was the rnc autopsy. you have 88% of fortune 500 companies have nondiscrimination laws like this already in place. you have evangelical community and young catholics in support of gay marriage. this is a very small part of the republican party but they are incredibly powerful. >> they are incredibly powerful. that's what the white house is sitting back trying to watch and wait and see, what is speaker boehner's next move. ultimately they think he's going to have to cave here for this to play out. look, they are not closing the door to the president signing some sort of executive action to extend these rights to federal contractors per se but they want to see the legislative process play out.

for democrats good for this party to be fighting and on display. >> i think having the speaker stand in the way of basic civil rights, jonathan, is not good for the republican brand. and yet time and time and time again, unless it is near apocalyp apocalypse, boehner is not willing to break the rule unless fiscal catastrophe or default on the debt. you have to have a deadline for speaker bane tore take action. >> we've had an instance on the speaker allowing a vote on something deemed controversial before, the violence against women here. there's precedence for leadership. perilous for individual races. you know what the speaker could do, members of the caulk, members of the house, vote your conscious. all those scaredy cat republicans afraid of being scored by heritage action can vote no. as senate majority leader harry

reid said if it were to go to the house it would pass by a nice margin. why not let that happen especially as you just pointed out 88% of fortune 500 companies have this in place. if there's concern about business and jobs, well, fortune 500 companies have made it clear this is a nonissue. >> you know, john, the question we talked about just moments ago, exemptions, there is some concern at the end if you exempt enough organizations, if corporations can decide willy-nilly they don't want to abide by this, religious organizations are probably seen in a different light, this thing won't really have any teeth by the time -- if it gets passed. it won't be effective. i'll read a quote from the "huffington post." the catholic school teacher who has done a great job for years could still be fired under enda if the school's principals discover she's a lesbian. we don't wantened, a as how far

we've come but view it as a sign of how much further we need to go. what do you make of that? >> they are definitely creating unique carve-outs in civil rights law that are not applied in other areas. supporters do have to walk a fine line trying to bring republicans in, the senate and house floor and not creating a useless piece of legislation that really doesn't create any kind of enforceable mechanism to avoid discrimination. >> i just think, steve, this is a year in the last three months the pope in september came out and said, who am i to judge a gay person of goodwill who seeks the lord. if the pope can say that, why does it remain so difficult for republicans to cross this bridge? i think we should talk specifically about boehner. the thesis is or conventional wisdom is boehner is more of an

establishment moderate republican. on certain social issues, including lesbian, gay, transgender issues i think and suspect he may be a sort of old line republican that is not as comfortable. this resistance to bringing it to the floor may be yes, indeed, because of fractious minority in the house but also because of a personal issue he may have with us. >> i suspect there are a lot of republicans in the house. again, if you took sort of a private ballot in the house and asked should enda be the law, i bet this thing would pass pretty overwhelmingly. when you start looking at the political calculations of this, it changes. it's partly about the influence of sort of the social conservative right and the republican party, it's also about tribalism. it's about the fact republican party's posture from the beginning of the obama presidency has been sort of we are the red tribe, this the blue tribe. we're going to defend from the encroaching blue tribe.

>> which is really the brown tribe. >> really it's about what you're doing here is giving a victory to democrats. you're letting democrats set the gena, let them say this is something you should vote for. that mind-set pervades a lot. there's a stubbornness, democrats are trying to do this, we'll stand up and find a way to fight them on this. when you look at an issue like this, why are you fighting them on this? tribalism plays to a degree we don't also talk about. >> you bring up the pope. pope francis is fantastic on a lot of issues but particularly on this given he's pope. senator coats being fearful, fighting freedom of religion. when people bring up that argument, i want to make sure they you understand there are lgtb americans who are people of faith. what do you say to them? they are looking to save their jobs, save their livelihood, proeblt protect their family.

>> and still be faithful. >> i wonder what senator coats has to say to them. >> julianna, going up against the argument around religious freedom and the question what does the faithful to makes white house uncomfortable given backlash after this. the fact republicans now have this narrative that at least they are writing that supporters of this bill do not believe in protecting religious liberties. that would inform white house's legislation about how aggressive they are going to be on this? >> i think the white house sees this as republicans being on the wrong side of history and failing to rebrand after the autopsy and lookback and that ultimately senators like susan collins by voicing what their

constituents are saying, they are saying, really, this is still a fight we're having. >> this isn't already litigated? don't we have these laws in place already. >> that's ultimately the baseline argument here. >> we'll see. it's all up to speaker john boehner as usual. we're going to take a break. when we come back, long a pid piper of the right flank, potshots at democrats and republicans. latest about wendy davis may be a bridge too far. we'll look at what he calls abortion barbie next. i take prilosec otc each morning for my frequent heartburn. because you can't beat zero heartburn. woo hoo! [ male announcer ] prilosec otc is the number one doctor recommended frequent heartburn medicine for 8 straight years. one pill each morning. 24 hours. zero heartburn.

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. looking to what they are doing to women with their policies, demeaning them, turning them into abortion machines. >> that twisted offensive accusation was produced yesterday by outrage machine rush limbaugh. it's not often rush is outmoon you'ved in his manufacture of schism and disgust but earthquake eriksson is making a r -- erick erickson. not intend to live it at abortion barbie is questioning mental health. c.i.t.e.s. a 1997 lawsuit davis filed against ft. worth star tell graham for defamation. worth noting davis making her case claimed the nasty newspaper by virtue of criticizing her damaged her mental health. think about that, the best candidate texas democrats could find to run is a lady who claims

a newspaper caused her mental health. with all the courage of a middle school bully, eriksson seems to suggest she's too feeble minded. adding emotional distress is routine in defamation cases. the digital media law out of harvard university notes plaintiffs who file defamation lawsuits often add an intentional infliction of emotional distress as an alternative theory of liability. as with most women in texas, it is clear conservative attacks on wendy davis will come early and come often and nothing, not decorum and certainly not facts will stop them. ♪ ♪

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care law. for democrats facing tough elections, mark begich, it topped off weeks of contentious correspondence. >> i've made my voice heard over there. does not return my calls all the time because i'm yelling about the issues. i delivered that frustration on a regular basis at the white house. today was more direct. >> you think the president is as frustrated as you are? >> yes. >> for his part, the president outwardly at least has kept calm and carried on with the assistance of metaphor. hours after his meeting with senate democrats president obama headed to dallas where he had this to say. >> too many folks haven't been able to get through the website. now, this is like having a really good product in a store and the cash registers don't work and there aren't enough parking spots and nobody can get through the door. >> the president was in the lone star state to raise campaign

cash for democrats yelling at him earlier, also to pressure rick perry to expand medicare coverage to 1.5 million americans eligible. governor oops refused despite it would be fully funded by federal government through 2016 and partly thereafter. with largest number of uninsured residents, texas needs affordable care more than anyone. 6.2 or one in four lack health insurance ranking lone star state dead last in terms of coverage. none put a hitch in the step of governor perry's swagger. instead he rejected the idea of helping 1.5 million constituents and offered, indeed, in texas we simply need the flexibility to implement fundamental state specific reforms to our medicaid program instead of a one-size fits all washington mandate before it bankruptcy our state. governor perry would have

perhaps been better served if he paraphrased blazing saddles, health care, we don't need no stinkin' health care. i totally bungled that but i hope everybody appreciated the comedic value. in terms of washington and the president going behind enemy lines, as it were, to texas where governor perry and ted cruz based on their statements seemed unconvinced. do you think it's a matter of time before more red state governors cave at least on the expansion of the medicare roles? >> i don't know. a lot of them feel comfortable where they are. they are not feeling a whole lot of pressure. i think as this process goes further along if people begin to feel like this is not something that's going to go away and something out there and a program that can help them, you could start to see some of them bending to the inevitability to the aca assuming it does stay that way. some of them are certainly going to have to start looking towards

that as an option, i would think. >> steve, 25 states have refused medicaid expansion. the problem with this is that not all 50 states refused it. so you can live in one state and next door have a state where poor people like you are getting health coverage. the question is how much do those anecdotal stories, person-to-person interaction sway the populace and how much of the population, especially poor people who tend to be fairly voiceless in the american democracy push their elected representatives to do something about it? >> you're looking right there essentially more or less at the red state, blue state divide. you're seeing red state america which rejected it conceived from legislation, enacted, contested in the court, contested in 2012. red state opposed as red state representatives in congress, governorsish it's a curious time for president obama pushing for states to push medicaid, he's

giving dream way to refuse. until the doors start working and cash registers start opening up and alligators leave the aisle and whatever the hell else it is. until it's fixed, all the red state governors are going to say why am i going to sign up and support this program that's about to collapse. they are giving them the ability to be disingenuous until they fix this. >> the president used so many metaphors i've lost count. i like steve's alligator in the aisle. like given a pass at toys "r" us only giant gorillas in every path. mark begich we just played sound, mark pryor, mary landrieu, i can imagine it was a hewitted one. from your vantage point, is the

president getting angrier by the day or did the anger peak or only really truly angry if it doesn't work by november 30th. >> engi think he will be really really, really angry. let's look to november 30th. that's what they are trying to change. trying to change the narrative going into enemy territory to put pressure on governors to expand medicaid at aca, really as long as this is focused on the website, not fixed, it will open the door for other criticism. it opens the door for udall, begich to say, okay, lets extend the enrollment period or delay the penalty. this is also showing what some of the strategy will be for democrats heading into 2014 because they want to be able to propose certain changes or fixes if this is going to stay an issue for republicans. >> how frustrating do you think that is for the white house, though? on some level you would think

the white house would give a tacit approval. you need to say this in order to get elected. you need to be publicly outraged. we get that. you can keep doing that. then on a certain level if the white house doesn't go well and democrats suggested these delays, how firm can the white house stand? it's aversion. >> kathleen sebelius said before congress they are not going to extend, but the white house isn't really closing the door to that one. jay carney asked always says november 30th is the date this needs to get fixed by. so my sense is if you get to march -- they don't want to box themselves in. they want to leave as much time as possible before they say, okay, yes, we're delaying the penalty or extending the enrollment. >> jonathan, for a lot of democrats it feels like we're on a roller coaster in the dark. you know there's another turn coming. >> even a corkscrew. >> you might be going upside

down. enrollment numbers coming out next week. the projected target number for the end of november was 800,000. that's a big number. you're already seeing kathleen sebelius say the numbers are going to be considerably lower. we know the first day of enrollment had six people. the question is how much can you tamp down -- do democrats in the white house need to work harder tamping down any expectations that anybody enrolled at all? >> if they have any expectations at all anymore. because there have been so many problems. i was just thinking as you showed that map, the white house is in this vicious cycle, it seems. so the supreme court said that states could opt out of being in the exchanges, right? so the red state governors do that. but the whole purpose of the law is to ensure the uninsured. the federal government had to set up something so the people who lived in those red states could sign up for health care

because they are unlucky enough to live in a state like new york or washington, d.c. or california where if you go on healthcare.gov and go to your state that has an exchange, you click there, get signed up and everything. so the sites don't work for those states -- >> a cascade of disaster for a very targeted part of the population that incidentally is the most vulnerable. i want to talk really quickly about the insurance companies. you talk about problems to come, as of right now insurance companies and the white house have been sort of working -- if not standing in lock step, a mutually beneficial relationship. pass brown and john allen point out, obama's response shows how much the dynamic between obama and insurance companies have shifted since the law passed and how their fates have being intertwined. health care expands coverage to

millions of americans sending them into the insurance market with tax subsidies forcing the president and former nemesis into an uneasy partnership only beginning to gain strength. we're seeing cracks in the armor over dropped koncht the president and emsears saying, listen, we set out the guidelines. the insurance companies decided to send you these notes. in some of these, they are trying to upsell people to more expensive plans. that relationship seems like it's only going to get more frustrated the further we get into all this. >> another aspect there's been reportinging especially in rural areas, the whole principle behind the exchange is competition. multiple insurance offering plans to people, bring prices down. in rural areas so far preliminary evidence there isn't a lot of choice, aren't a lot of insurance companies with plans especially rural areas in other parts, too. one thing, insurance companies are being wait and see.

they want to see if this enrollment surge happens. if young and healthy get into this thing. if this huge, giant, viable risk pool is created, a lot more attractive for insurance companies to get in all over the place and that's when it really works. when insurance companies are fully 100% into this, that's the principle behind this, principle of competition shopping for competitively priced plans. that's when it will work, fully on board. right now seeing insurance companies taking a wait and see approach, not wanting to commit too much to something when they aren't sure if the risk pool will be there. >> a big concern for the white house. one saving grace, young healthy 20 somethings are going to wait until the last minute anyway. that's keeping the fingers crossed of make white house officials, too. >> john, you are sitting there with i believe the capital in the background, isn't it? >> yes. >> that's a live cut by the way. >> john, what are you hearing sort of behind closed doors, if you can give us on background

the feeling among those in congress about this health care law and the the feeling of optimism or pessimism. >> i think democrats in particular are really starting to feel much more pessimism than they have even coming into this, which i think privately they all were very nervous about what was about to happen. the meeting with the democrats yesterday at the white house was sort of a good step by the white house to release a little bit of steam and let vulnerable guys going out and yelling at the president and being firm and standing up to the white house. that will buy them a little bit of time with those guys. i think if we start to have more problems, if they can't get people enrolled, website continues to be an issue, it's going to get worse and worse. if you look at groups now, a lot of latino groups are starting to be uncomfortable with what's going on with aca, the spanish version of the website is not running. i don't think that the democrats are feeling particularly comfortable in the president's ability to get this set up and

really running right. >> and buzz feed reported yesterday the spanish version of the exchange site is not actually working. you can't start an application. you can't browse providers or buy insurance. it's worth noting that 30.7 of the nation's uninsured are hispanic and they are most certainly part of the strategy in terms of these enrollment numbers, john. >> right. this is a huge problem for the white house. there's all of these smaller, death by 1,000 cuts with him politically right now. folks on the hill are definitely looking at that and saying how are they possibly going to get this going on the 1st when the deadline hits when people are supposed to be getting enrolled. what happens then. what is the next shoe to drop and the next shoe. there's more and more discomfort. >> you may call it death by 1,000 cuts, but i refer roller coaster in the dark. seems less painful. thank you as always for your

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twitter's highly anticipated ipo has begun, marks the largest public offering of a tech company since facebook made its debut in may have last year. this morning twitter shares opened on new york stock exchange at $45.10, which is good news for you, jonathan, because you always like to buy high and sell low. >> i wish i'd bought, geez. >> it's worth noting 232 million active users. that said it is not currently making a profit. i don't know. julian, this is your first time on the show, i don't know how

tech savvy you are. i would assume you are working where you do. but jonathan has this big fancy phone. your tech savvy. your thoughts on twitter and tech, no profit to be seen yet but buying into the potential for twitter to be something very, very profitable. >> right. because we're all on twitter. you just said 200 something -- >> 230 million active users. >> around the world. it is something. clearly people are interested in it. they want to see it succeed because otherwise with the stock price gone up the way it has, when facebook did its ipo -- initially. look, i now work for a newspaper -- i work for a newspaper that is now owned by the owner of amazon.com jeff

besos. that's a company that did not turn a profit. he's a wildly successful businessman and amazon is a wildly successful company. because it hasn't turned a profit doesn't mean twitter can't be a wildly successful company and this ipo won't be successful. did it make any sense? >> yes, it did. a very sunny outlook. not necessarily a gloomy picture. worth noting on the facebook piece. the ipo was $38. the lowest price was $18 when sam stein bought. the current price is 48, so it's gone up. when facebook launched its ipo, there was a lot of discussion where the american economy is at. we're great innovative economy, point to facebook and twitter. the argument is, there is no product there. these are our services but there is no thing we are exporting to the rest of the world.

this is a communications platform. >> hasn't stopped the white house from trying to get in on the twitter game. even twitter in the regulatory filing made a point of saying that the four more years tweet from the obama campaign last year, the picture of the president and first lady embracing was the most tweeted tweet ever on twitter. it is also interesting today to look at who is profiting off of twitter. it's the institutional investors who got to buy at $26 and opened at $45.10 and that's right around where it's trading now. >> steve kornacki are you bog to be buying stocks? >> i have a long-standing policy. i do not believe in buying stocks, savings accounts and super bowl bets, those are my -- that's my investing strategy. i have one -- in my life i made $9 in the stock market. when i graduated college grandma gave $300 to her stockbroker.

she said, i can't have the money, i had to invest. i called the stockbroker, northern utilities. i put it in. a week later it was up .2%. i sold it. >> that is why you work here and not at cnbc. we're going to take a break. when we come back, more accurate census survey finds one in six americans living beneath the poverty line. will anybody take notice? we'll discuss the silent poor next on "now."

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d.c. lawmakers are ratcheting up the heat on washington redskins to change their name. tuesday the city council passed resolution calling it racist and derogatory. the measure is purely symbolic and would seem to do little to shift the position of team owner

dan sneader who dismissed the calls to change the name. the name was and continues to be a badge of honor. a badge of on he or a badge of institutionalized racism. keeping the name is akin to saying your native person people your pain has less worth than our football memories. steve, the truth of the truth is this statistic. the redskins are the fifth most valuable sports team in the world valued at $1.56 billion. therefore changing your name costs a lot of money. >> imagine how much more valuable they would be if they were good at football. >> taking a hit today. >> change the name. then suddenly you've got whole new batch of t-shirts and helmets and jerseys and pants with logos. i don't know. sell all this new merchandise. i don't think the fans are going to suddenly be like oh, i don't

recognize this team. this is the washington era sports team, keep the tradition, joe gibbs will show up. you keep all the tradition, call them the pig skins. that's what d.c. paper calls them, pig skins. a football is a pig skins. the hogs, hogettes, guys that dress up like women. call them the pig skins, you're not going to lose money. give me 5% of the merchandise. >> i have to ask you this, because david also writes native american consider racial derogatory slur akin to n word or w word among latinos. i think at this point it is really hard to say publicly that you are okay with this name, and yet some people continue to, jonathan. >> some people stick with tradition. this is the team's name. this is what it is. it could be that. it could be they are completely

insensitive to what it means to native americans and nonnative americans who think and believe it to be insensitive, racist. >> and derogatory. >> and derogatory. but you know, dan grasso said it's akin to the n word. lets dial it back from the n word if people tune it out once they hear that. what if the team's name was washington jigaboos or washington darkies, do you think for a minute it would not be changed. >> basically because of the genocide committed on the native american population the fact we don't take their culture -- not on the pedestal as it were. important to note the washington redskins were the last time to integrate. when they did integrate, i think we have some photos, neo-nazis in the 1960s protested. i think we have photos. see this

swastikas. what it's done is bring up a painful history for a sports team. >> it's inevitable the name the ultimately change. it will be dan snyder's decision, owner of the washington red kins. he's in the same position like john boehner, doesn't want it to look like he's capitulating to that pressure. the president refusing to say the name, the president coming out against it. this is picking up steam. >> charles crowhammer. >> when they are both on the same page about this, you know there is something actually afoot. the question is the ohnida nation has come out and made their declarations. how long is too long to wait, steve. >> the momentum i feet is the momentum of self-censorship.

i find myself now, it's happening increasingly, i stop at washington. >> you are self-censurinself-ce redacting. >> the espn announcer calling the game and somebody realized in the middle of the third quarter calling the washington game and hasn't said the nickname. he said it was a coincidence. i'm not sure about that. i've noticed a lot more sports writers on tv, forget what he decides to do or not do, they are not peter king at sports illustrated, not comfortable saying this anymore. >> what pressure, if any, could be brought to bear on dan snyder to change the name. if he's the one with all the power in order to change the name, who will he listen to. >> money, comes back to money. >> the commissioner. >> nfl commissioner. >> i was going to say condi rice. she's always wanted to be -- >> at a certain moment cost benefit analysis.

we're going to lose millions if we change the name, we lose millions if we don't. boycotting. depending how the protest movements picks up steam. you will have people say we are not longer fans unless you address this. then i think the financial incentive is there. >> i think that's exactly right. dan is a marketing guy as we said before. he'd figure a way to market the new name and also get royalties off the old name and people still buy bullets paraphernalia. >> like going for -- >> retro. >> people buying it on ebay. i like you dropped the notion of pants with logos, that makes me think you've got pants with logos in your own closet. >> late 1980s boston celtics. i did not want to part with them. i thought they would be worth something someday. instead they smell and take up space. >> back when steve was selling

stocks at 2% profit. >> got some reggedy pants here. >> thanks. don't forget to watch steve and his raggedy pants this weekend. the raggedy pants not so much on rup 8:00 eastern saturday and sunday msnbc. see you back ontomorrow noon eastern. "andrea mitchell reports" with guest host peter alexander is coming up next. i'm meteorology bill karins with business travel forecast. we're still watching rain moving through new england and mid-atlantic states throughout the afternoon hours. minor airport delays possible with the rain. temperatures will be falling, too, behind this ohio valley. chilly day there. quiet weather elsewhere, the exception of the northwest. rain and wind. have a great day.

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